How to Legally Serve An Eviction Notice In Ontario

As a landlord in Ontario, successfully managing your properties means understanding the rules, especially when it comes to ending a tenancy. The Residential Tenancies Act, 2006 (RTA), sets out specific procedures you must follow to legally evict a tenant. This guide will walk you through the fundamentals: what an eviction notice is, the specific legal grounds for issuing one, and how to serve it correctly, ensuring you always stay on the right side of the law.

What is an Eviction Notice?

In Ontario, an eviction notice (officially called a “Notice of Termination”) is a formal, written document from a landlord to a tenant, indicating the landlord’s intention to end a tenancy. It’s the crucial first step in the eviction process. It is vital to understand that receiving an eviction notice does not mean the tenant must move out immediately. Only the Landlord and Tenant Board (LTB) can issue an eviction order, which is the legal document that allows for a tenant to be removed from the property by the Sheriff (Court Enforcement Officer).

Informal communications, such as verbal requests, emails, or text messages telling a tenant to move out, are generally not considered legal eviction notices under the RTA.

For more information, you can always refer to the official Landlord and Tenant Board website: Tribunals Ontario Portal – Landlord and Tenant Board.

When Can You Give an Eviction Notice in Ontario?

You can only give an eviction notice for specific, legally valid reasons outlined in the Residential Tenancies Act. These reasons dictate which LTB form you must use and the minimum notice period you must provide. Attempting to evict a tenant for reasons not covered by the RTA, or using the wrong form or notice period, can lead to your application being dismissed by the LTB, causing significant delays and potential costs.

Here are the most common valid reasons for giving an eviction notice, along with the applicable LTB forms and minimum notice periods:

A. Tenant’s Fault (for Cause) Evictions:

These evictions are due to the tenant’s actions or inactions.

1. Non-Payment of Rent (N4: Notice to End your Tenancy Early for Non-payment of Rent)
   • When: The tenant has not paid their rent. You must wait until the day after the rent was due to serve this notice.
   • Notice Period:
     • 14 days’ notice for monthly or yearly tenancies.
     • 7 days’ notice for daily or weekly tenancies.
   • Important: The tenant can “void” this notice by paying all overdue rent (plus any lawful charges) by the termination date specified in the notice. If they do, the tenancy continues.
   • LTB Form N4: N4 – Notice to End your Tenancy Early for Non-payment of Rent
2. Interfering with Others, Damage or Overcrowding (N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding)
   • When: The tenant, another occupant, or their guest has:
     • Seriously interfered with the reasonable enjoyment of the rental unit or residential complex by the landlord or other tenants.
     • Caused undue damage to the rental unit or residential complex.
     • Has too many people living in the unit (overcrowding), violating health, safety, or housing standards.
   • Notice Period: 20 days’ notice.
   • Important: For the first N5 given within a 6-month period, the tenant has 7 days to correct the issue (e.g., stop the disturbance, repair the damage). If they correct it within 7 days, the notice becomes void. If they repeat the behaviour within 6 months, you can apply for eviction without a chance for them to void the notice again.
   • LTB Form N5: N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
3. Illegal Acts or Misrepresenting Income (N6: Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit)
   • When: The tenant, another occupant, or their guest has committed an illegal act on the property, or the tenant has misrepresented their income in a rent-geared-to-income (RGI) unit.
   • Notice Period: 10 days’ notice for an illegal act; 20 days’ notice for misrepresenting income.
   • LTB Form N6: N6 – Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit
4. Causing Serious Problems in the Rental Unit or Residential Complex (N7: Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex)
   • When: This notice is for very serious issues, such as intentionally or negligently damaging the property causing serious impairment of safety, or threatening safety. It often leads to an expedited hearing.
   • Notice Period: 10 days’ notice.
   • LTB Form N7: N7 – Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex
5. Persistent Late Payment of Rent (N8: Notice to End your Tenancy at the End of the Term)
   • When: The tenant persistently pays rent late, even if they eventually pay it.
   • Notice Period: At least 60 days’ notice, and the termination date must be the last day of a rental period (e.g., if rent is due on the 1st of the month, the termination date must be the last day of a month).
   • LTB Form N8: N8 – Notice to End your Tenancy at the End of the Term

B. Landlord’s Own Use / No Fault Evictions:

These evictions are not due to the tenant’s actions, but rather the landlord’s plans for the property. Compensation to the tenant or an offer of another unit may be required.

1. Landlord, Purchaser or Family Member Requires the Rental Unit (N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit)
   • When: The landlord, a member of the landlord’s immediate family (spouse, child, parent, or their spouse’s child or parent), or a caregiver of one of these individuals, intends to move into the unit for at least one year. This also applies if a purchaser (buyer) of the property or their immediate family member intends to move in.
   • Notice Period: At least 60 days’ notice, and the termination date must be the last day of the rental period or the end of a fixed term (e.g., the end of a one-year lease).
   • Compensation: For N12 notices given because the landlord or purchaser requires the unit, the landlord must either offer the tenant another acceptable rental unit or pay the tenant one month’s rent as compensation before the termination date.
   • Bad Faith: Landlords must act in good faith. If the LTB finds that the notice was given in bad faith (e.g., the landlord rents the unit out for higher rent shortly after the tenant moves out), significant penalties can be imposed.
   • LTB Form N12: N12 – Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit
2. Demolition, Conversion or Extensive Repairs/Renovations (N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use)
   • When: The landlord intends to:
     • Demolish the rental unit or residential complex.
     • Convert the rental unit to a non-residential use.
     • Do extensive repairs or renovations that require the unit to be vacant.
   • Notice Period: At least 120 days’ notice, and the termination date must be the last day of a rental period or the end of a fixed term.
   • Compensation & Right of First Refusal: For N13 notices, the landlord must typically provide compensation equal to one month’s rent. If the repairs or renovations are substantial enough to require the tenant to vacate, the tenant might also have a “right of first refusal” to move back into the unit once renovations are complete, often at the same rent, if they inform the landlord in writing of their intention to do so.
   • LTB Form N13: N13 – Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use

C. Mutual Agreement:

1. Agreement to End the Tenancy (N11: Agreement to End the Tenancy)
   • When: The landlord and tenant mutually agree to end the tenancy. This is not an eviction notice initiated by the landlord, but rather a joint agreement.
   • Notice Period: As agreed upon by both parties.
   • Important: This form can be used in “cash-for-keys” agreements or any other situation where both parties wish to terminate the tenancy voluntarily. It’s crucial that both parties sign this form freely and without coercion.
   • LTB Form N11: N11 – Agreement to End the Tenancy

The Residential Tenancies Act, 2006 (RTA): All the grounds for eviction and procedures are governed by this provincial legislation. You can view the full Act here: Residential Tenancies Act, 2006, S.O. 2006, c. 17

Step-by-Step Directions on How to Legally Give an Eviction Notice

Serving an eviction notice correctly is critical. Any errors can lead to delays or the dismissal of your case by the LTB.

1. Choose the Correct LTB Form:
   • Refer to the “When Can You Give an Eviction Notice” section above and the Landlord and Tenant Board’s official forms page to select the exact notice form (N4, N5, N6, N7, N8, N12, or N13) that matches your reason for ending the tenancy.
   • You can find all landlord forms here: Tribunals Ontario LTB Forms
   • Do not create your own notice form. Only LTB-approved forms are valid.
2. Fill Out the Form Accurately and Completely:
   • Tenant Names: Include the full, correct names of all tenants listed on the lease.
   • Rental Unit Address: Provide the complete address of the rental unit, including the unit number if applicable.
   • Reason for Termination: Clearly select the reason(s) for the termination.
   • Details: Provide specific details about the incidents or reasons (dates, times, descriptions of behaviour, damage, rent arrears breakdown). The more detail, the better. This is crucial evidence for a potential LTB hearing.
   • Termination Date: Calculate the correct termination date based on the required notice period for the specific form you are using. Remember that the termination date must typically be the last day of a rental period, and you do not count the day you serve the notice. For example, if rent is due on the 1st of the month, the rental period ends on the last day of a month.
   • Landlord Information & Signature: Ensure your name(s) and contact information are correct, and sign and date the notice.
3. Serve the Notice Legally:
   • “Serving” means officially delivering the document to the tenant. The RTA specifies acceptable methods of service. Informal methods like email or text are generally not considered proper service unless the tenant has explicitly agreed in writing (e.g., in the standard lease or a separate agreement) to accept documents this way.
   • Acceptable methods of service include:
     • Personal Delivery: Handing the notice directly to the tenant or an adult (over 18) in the rental unit. This is generally the most reliable method.
     • Mailbox or Mail Slot: Placing the notice in the tenant’s mailbox or through a mail slot in their door (if they are still in possession of the unit).
     • Under the Door: Sliding the notice under the tenant’s door.
     • Fax: Sending it to the tenant’s fax number (if they have provided one).
     • Courier: Using a courier service.
     • Regular Mail: Sending it by regular mail to the tenant’s last known home address. Important: If sending by regular mail, the notice is considered served 5 days after the mailing date. You must add these 5 days to your required notice period when calculating the termination date.
     • Do NOT attach the notice to the outside of the door.
   • Serve all tenants: If there are multiple tenants named on the lease, each tenant should receive a copy of the notice.
4. Complete a Certificate of Service:
   • After serving the notice, you must complete a Certificate of Service form (available from the LTB). This document records when, where, and how the notice was served.
   • You will need to submit this form as proof of service if you later file an application with the LTB.
   • LTB Certificate of Service form: Certificate of Service (Current tenant)
5. Keep Records:
   • Always keep a copy of the completed and served notice.
   • Retain the completed Certificate of Service.
   • If you mailed it, keep proof of mailing (e.g., a post office receipt).
   • If you delivered it in person, make a note of the date, time, and to whom you delivered it.
6. Tenant’s Next Steps (No Obligation to Move):
   • Even after receiving a valid notice, the tenant is not obligated to move out by the termination date. They have the right to stay and await a hearing at the Landlord and Tenant Board.
   • If the tenant does not vacate by the termination date, you must then file an application with the LTB (usually an L1 or L2 application, depending on the notice given) to request an eviction order. The LTB will then schedule a hearing where both parties can present their case.

By diligently following these steps and adhering to the Residential Tenancies Act, landlords in Ontario can navigate the eviction notice process legally and effectively. When in doubt, it is always advisable to seek legal advice from a lawyer specializing in landlord-tenant law or contact the Landlord and Tenant Board directly for clarification.